[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50622-50624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18339]
[[Page 50622]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0416]
RIN 1625-AA00
Safety Zone; Chesapeake Bay, Cape Charles, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in the vicinity of the inlet of Kings Creek, on the
Chesapeake Bay. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards associated
with a fireworks display, which include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Hampton Roads.
DATES: This rule is effective from 8:30 p.m. on August 6, 2016, through
10:30 p.m. on August 7, 2016. This rule will be enforced from 8:30 p.m.
through 10:30 p.m. on August 6, 2016, unless the fireworks display is
postponed because of adverse weather, in which case this rule will be
enforced from 8:30 p.m. through 10:30 p.m. on August 7, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0416 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Barbara Wilk, Waterways Management Division Chief,
Sector Hampton Roads, U.S. Coast Guard; telephone 757-668-5580, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. It is impracticable for us to publish an
NPRM because information about the fireworks was received by the Coast
Guard without sufficient time to publish a proposed rule and consider
comments on it and then issue an effective rule by August 6, 2016. The
Coast Guard will provide advance notifications to users of the affected
waterway via marine information broadcasts and local notice to
mariners.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause for
making it effective less than 30 days after publication in the Federal
Register. The restriction on vessel traffic is necessary to protect
life, property and the environment, on the scheduled day and rain date
for the fireworks display when there are expected to be more than 2,000
spectators present. Therefore, due to the need to have a rule effective
starting August 6, it is impracticable to delay the effective date of
this rule until 30 days after it is published. Delaying the effective
date would be contrary to the safety zone's intended objectives of
protecting persons and vessels, and enhancing public and maritime
safety.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Hampton Roads (COTP) has determined that
potential hazards associated with fireworks display starting on August
6, 2016, with a rain date of August 7, 2016, will be a safety concern
for anyone within a 280 foot radius of the launching site. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone during the fireworks display.
The potential hazards to mariners within the safety zone include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:30 p.m. through 10:30
p.m. on August 6, 2016, with a rain date of August 7, 2016. This rule
will only be subject to enforcement on August 7, 2016, if the scheduled
August 6 fireworks display is postponed because of adverse weather. The
safety zone will encompass all navigable waters of the of the inlet of
Kings Creek, on the Chesapeake Bay, within a 280 foot radius of the
fireworks launch site in approximate position 37[deg]16'53'' N.,
076[deg]00'42'' W. (NAD 1983). The duration of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during the fireworks display. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Chesapeake Bay in Cape Charles,
VA for one hour. Moreover, the Coast Guard will issue Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
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The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting two hours that will prohibit entry
in all navigable waters within a 280 foot radius of the launching site.
It is categorically excluded from further review under paragraph 34(g)
of Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add, under the undesignated center heading Fifth Coast Guard
District, temporary Sec. 165.T05-0416 to read as follows:
Sec. 165.T05-0416 Safety Zone, Chesapeake Bay; Cape Charles, VA.
(a) Definitions. For the purposes of this section--
``Captain of the Port'' means the Commander, Sector Hampton Roads.
``Participants'' means individuals and vessels involved in
explosives training.
``Representative'' means any Coast Guard commissioned, warrant or
petty officer who has been authorized to act on the behalf of the
Captain of the Port.
(b) Location. The following area is a safety zone: All waters in
the vicinity of the of the inlet of Kings Creek, on the Chesapeake Bay,
within a 280 foot radius of the fireworks launch site in approximate
position 37[deg]16'53'' N., 076[deg]00'42'' W. (NAD 1983).
(c) Regulations. (1) The general regulations governing safety zones
in Sec. 165.23, apply to the area described in paragraph (b) of this
section.
(2) With the exception of participants, entry into or remaining in
this safety zone is prohibited unless authorized by the Captain of the
Port, Hampton Roads or his designated representatives.
(3) All vessels underway within this safety zone at the time it is
implemented are to depart the zone immediately.
(4) The Captain of the Port, Hampton Roads or his representative
can be contacted at telephone number (757) 668-5555.
(5) The Coast Guard and designated security vessels enforcing the
safety zone can be contacted on VHF-FM marine band radio channel 13
(165.65Mhz) and channel 16 (156.8 Mhz).
(6) This section applies to all persons or vessels wishing to
transit through the safety zone except participants and vessels that
are engaged in the following operations: Enforcing laws, servicing aids
to navigation, and emergency response vessels.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and
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enforcement of the safety zone by Federal, State, and local agencies.
(e) Enforcement period. This section will be enforced from 8:30
p.m. through 10:30 p.m. on August 6, 2016, with a rain date on August
7, 2016.
Dated: July 19, 2016.
Richard J. Wester,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2016-18339 Filed 8-1-16; 8:45 am]
BILLING CODE 9110-04-P